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HomeMy WebLinkAbout128752 BATH POWER EQUIPMENT - PURCHASE ORDER - 3215016Fort Collins Date: 01/02/2015 Vendor: 128752 BATH POWER EQUIPMENT 1505 TIMBERLINE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 3215016 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/02/2015 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price Signal Construction Supplies Annual City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.00m 1 LOT LS Total $5,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCLV.DETAIIS. Tax exemptiam. By statme the City of Fort Collins is exempt from sate ud local loxes. Our Exang don Number is I I. NONWAIVER. 9&04502. Federal Excise Tax Exemption Certificate, of Registry U-60ll is regiu x, with the Collator of Failure of he purchaser to buist upon strict performance of he tams ad condidoras hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stand. 1973, Chapter 39-26,114 (a). exercise any rights or remedies providd h avin car by law, failure to promptly notify the Sella in the event of a broth, the acceptance of or payment for good hereunder or approval of the cinon, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defe , of my of the wamalin or obligations of this purchase order and shall not be deemed a wolves of any right of the damage in trait, may be returned to you fir credit and are not to be replaced except upon receipt of written purchaser to must an strict perfomance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fan Collin. of when shipped, received or accepted, as to any prior or subtropical default hereunder, nor shall any purported oral modification or rescission of Nis purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof. Fi.l Acceptance. Receipt of the merchandise, urvica a equipment in migmce to this order can mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authnrired payment on ate pan of the City of Fort Collitxs. However, it is to be understood that FINAL Sella and the Purchaser mognve that in actual aromatic Practice, overcharge mddng from antitrust ACCEPTANCE o dependent upon completion of all applicable required inspection Inundations. violations are in fact home by the punctuations. Themofca, for good arras and a consideration for ascending this pumbaw order, rare Seller hereby assigns to the Purchases any ad all claims it may now have or hereafter Freight Tcros. Shipments most be F.O.B.. City of Fort Collins, 700 Woad St., Fort Collins, CO 80522, unless wquird under federal or stale antitrust laws for such overcharge elating to the panimlar goods or services mherwise specified on this order. Upemtission is given 1. prepay freight and charge separately, the original freight purchased or wquiaad by the Trachoma pursuant to this purchase order. bill mast accompany, invoice. Additional charges for packing will not be acceptwL Shipment Distsnce. Where manufacrurers have donflaming points in various pans of the country, shiJmcnl is expected from the nearest distribution point to desolation, and excess freight will be deducted form Invoice when shipments are made from greater dishnce. Permits. Seller shall procme at Belle sole cast all necessary, perms, asrtifcatn and licenses required by all applicable laws, regulations, on iwnces and rules of the slate, municipality, territory or political subdivision where the work is performed, or natural by any other duly wastimted public aullorly havingjurisdiction over the work of vendor. Sella further agree to hold the City of Fort Collins hamlea from ad against all liability road loss .comes] by them by wassnn of. assenad or establishNviolation of any such laws, mgulwons, odiwma, rules ell rtquirtmrnts. Authoriratim. All parties to this comma agree that the represrntativa art, in fact, bona fide it possess full and o r,len, Ordinary to bind said penis. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terms and conditions stated herein set forth and any supplementary or additional terms and conditions am"cd hereto or incmporatd herein by reference. Any addition.[ or different terms and conditions proposed by rafter arc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you armor make complec shipment to ounce on your Promised delivery date a anted. Time is ofilm essence. Delivery and pe,to. must be effected within the time sound an the purchase other and the damments attached lancers. No acts of the Purchasers irscludin& without tradition, tion, acceptwce offenial late deliveries, shall operate as a waiver of this provision. in the eve=many delay, the Purchaser shall have, in addition to other legal and equitable wishes. the option of placing this maker elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a moil of delays due to causes Out rear mbly fomnable which are beyond its reasonable award and without its fault of negligence, such acts of God, ants ofcivil at military authorities, govemmenol prianties, fires, strikes, flood, aidemhes, was or riots provided Nat notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the event of any such delay, the data of delivery shall be extended forte period eq.l to he time actually last by canon ofhe delay. 3. WARRANTY. The Seller wamnn that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, sampler and/or other descriptions given, will be ❑r for the patposn intended, and performnd with the highest degree of art ad comp mute in accord ace with wceptevl standard for work of a similar .tore. The Sena agrees to hold the pamhaser harrnless ftom any loss, damage or expense which the Purchaser may salt or man on armor of the Sellers breech of wamnry. The Seller shall replace, repair or make good, without cast m the purchnan, any defects or faults arising within oa (1) year or within such longer period of time era may he prescribed by law or by the cats of my applicable waimnty provided by the Seller after the date of acceptance of the goods fumishnd hereunder (acceptance nor to be immeasurably delayed), resulting from imperfect or dcfative work done or materials fumiand by he Seller. Acceptance or use of good by she purchaser shall not constime a waiver ofwy claim under this memory Except as otherwise provided in his purchase order, fie Sellers liability hereunder shall extend to all damages proximately armed by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change under 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the lama, Other than legal teas, including additions to or difi icas form the quan onginally andered in he spaifieario. or ,irdwwg, by verbal or wdnrn change oaks. If any such change effects the amount due or the Ore ofpeafnmmce hecuodn, w equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement or to any or all portions Of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided hat the Purchaser shall not be liable for any claims for anticipated pmfts w the uncompleted potion of the gaud m&or work, for incidental or consequential damaga, and that an such adjustment be made in favor of the Sella with respell to any good which are the Sellers standard stock. No such tcmrination shall ulieve the Purchaser or the Sella of., of their obligations or to any goods delivered becruma 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assed within durry (30) days from the data the change or mmirmion is ordered. I. COMPLIANCE WITH LAW. The Seller women, that all goods sold hereunder shell have been produced, said, delivered and famished in saner compliance with all applicable laws ad regulations so which the goods arc subject. The Seller shall execute and deliver such documents as may be enquired to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this charmer are hereby incorporated herein by this reference. The Seller age, to indemnify and bold the Purchaser harmless from all costs and damages suffered by the Purchaser ax a math of the Sellers failue to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, ranter, or convey this order, or any monies due or to become due hacwder without fie prior women mnsmt ofthe other pony. 10. TITLE. The Seller warrants bill, clear and unmtrieted Ode to the Peachasn for all equipment, materials, and hems famished in performance of this agreement free and clear of any and all liens, mtricdons, meavatimss, mainly intend, encumbrances ad claims of ohers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defective good by a dote to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Pumhastt and its conmmors of any tiff from all liability and claims of any mature resulting from the padmin ence ofsuch work. This release shall apply even in the event of fault of negligence of the parry ¢lased mod shall extend to the diounw, officers and employees ofsuch parry. The Sellers contractual obligations, including wamnry, shall not he deemed to be reduced, in any way, because such work is performed or caused firs be Fundament by the Purchaser. IC PATENTS. Whenever the Seller is required to use any designdevice, material or praccss covered by lever, patent, trademark r copyright, the Seller shall imdemnify and save hamless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or posters in connection with the contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged is pay by reason of such infringement at any time daring the prosecurlon or after the complaion of the mod. rn are said espripment or any pan therm( or the intended use of the good, is in such .it held to comma re infningemem mall the use of said aryipment or Pan is enjohsnd, the Seller shot, in its own expense rand at its option, either procure for the Purchaser the right to continue using said enoipment or pans, replace the some with subuwtially equal but m ninfnnging aquipmenL or modify it as it becomes anninffinging. 15. INSOLVENCY. If the Seller shall baome insolvent or bandmp, make an assignment for the benefit of creditors, appoint receive or mute. for any of the Sellers property or business, his order may frrthwih be canceled by the Purchaser without liability 16. GOVERNING LAW. The definitions oftenns used or he interpretation ofee agreement and the rights stroll parties hereunder shall be anemed under and govcmnd "a laws of the Slow of Colorado. USA. The following Additional CoMitious apply Only in sales where he Sella is to perform work hereunder, including the services ofsalen Reprtseautiva(s), on the premises of others. IJ. SELLERS RESPONSIBILITY. The Sella shall any on said work at Seller's own risk until the same is fully completd add accepted, and shall, in se of any accident, dntmction or injury in the work wNor amcriah, before Sellers final completion and acceptance, complete the work in Sellers own expense and to the smisfaction of the Purchaser. When materials and equipment are f isbnd by Others for installation or erection by the Sella, the Seller shall receive, unload, some and handle same at the site and become responsible therefor M thought such awards anrVor equipment were being fmishd by the Sella under the order. 18. INSURANCE. The Sella shall, at his awn aspcme, provide for the payment of worker compm rind, including occup=iowl discarm benefits, to its employes employed on or in connection with he work covered by this purchase order, reel to their dependents In acmdance with the lam of the stale In which the work Is o be dons. The Sella shall also carry comprehrnaive general liability inclldin& but mil limitd m, contractual and automobile public liability inv—. with I Mily injury aM death limits of at lean S300,00o for any one PaaoM1 S500.000 for any one accident and property damage limit per accident of 5400,000. The Sella shell likewise reclaim his contractors, if any, to Provide for such compaudian ad i.urance. Before any of he Sellers ar his commctors employees shall do any work upon the premises of others, the Seller shall Randall he Purchaser with a certificate that such compensation and insurance have been provided Such cenifcatn shall specify he date when such compensation and insurance have ban provided. Such catifiata shall specify the date when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall be maintained =mil after the entire work is completd and wcryted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mpomLitaf and liability for any and all damage, loss or injury ofwy kind r.ore whatsoever to persons or property caused by or resulting from he common ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify ad hold harmless the Purchases and any or all of the Purchasers Officers, agents and employe, form and against any rod all claims, losses, damages, charge or expenses, whether direct or indirect, and whether, to persona a Property to which the Purchaser may be put or subject by reason of any ac, action, winter, omission a default on the pun of the Salles, any of has sannnctars, or any of the Sellers at contractors officers, agents or employees. In wse any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employes at any fire on =cow, or by reason of my ac, action, neglect, omission or default of the Seller of any of his contractors many of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and in defend the same at the Sellers own expense, to pay any and all casts, charges, attomays fees and other expenses, any and all judgments that may be incutml by of obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or ofn Jim ha placed upon or obtained against the property of the Purchaser, or said Forties in or as a result ofsuch suns or other pmcedings, the Seller will at once cause the same to be dissolved and dischangd by giving bond or otherwise. The Seller and his contractors shall take Of safety, pecwtiont towns and install dl guards oecesvay, for the prevention of accidents, comply with all laws and regwatioas with regard to safety including, but without limitation, the Occupational Safety and Henth Act of 1970 and all col, ad regulations issued pursuant thwart, Revised 07n014